Information about INA Section 212(a)(3)(B)(vi)(III) Terrorist Organizations, Entities, and Individuals

To Whom It May Concern:

It is believed that the Department of Homeland Security has this information, because it is the responsibility of the adjudicating USCIS officer or DHS member to decide whether an entity is a T3 Entity (as defined below) and whether that classification applies to or affects each individual immigration case that comes before DHS and USCIS.

Please provide responses to this request as they become available.

This is a request under the Freedom of Information Act. I hereby request the following records:

* List of all DHS manuals, forms, memos, standard operating procedures, and other documents that identify, provide statistics about, address, or otherwise contain information about INA 212(a)(3)(B)(vi)(III) identified organizations, entities, individuals, and others.

* Copy of all DHS manuals, forms, memos, standard operating procedures, and other documents that identify, provide statistics about, address, or otherwise contain information about INA 212(a)(3)(B)(vi)(III) identified organizations, entities, individuals, and others.

-- Each of the following requested items is in reference to organizations, entities, groups, individuals, or others classified under INA § 212(a)(3)(B)(vi)(III) hereinafter collectively referred to as “T3 Entities”.

** Count of all present T3 Entities and a separate count of all entities that are no longer T3 Entities.

** List of all departments, divisions, subgroups, or others, including individual Consulates, of the Department of Homeland Security (hereinafter collectively referred to as “DOS Division(s)”) that have designated, are involved with, handle requests regarding, or have any other interaction with any T3 Entities.

** Statistics on the number of T3 Entities designated by DHS. List of offices, departments, divisions, and supervisors responsible for having made those designations.

** Name of all entities classified as T3 Entities, along with information on what DHS division made that designation and the date of designation.

** Name of all entities classified as T3 Entities along with the first date that entity was so classified and the last date that entity's classification was used.

** Name of all known and suspected members of T3 Entities.

** Copy of any memos or other documents designating a T3 Entity including details on why that group was designated as a T3 Entity with specificity.

** Count of the number of persons that have been denied immigration benefits through a DHS Division due, at least in part, to that person’s involvement with a T3 Entity.

** Count of the number of persons denied immigration benefits through a DHS Division, due at least in part, to that person’s T3 Entity involvement listed along with the applicable statutes, the entity name, and the DHS Division that made that decision.

** Count of the number of persons whose case for immigration benefits have not been decided by a DHS Division due, at least in part, to their involvement with a T3 Entity.

** Count of the number of persons whose case for immigration benefits have not been decided by a DHS Division due at least in part, to their involvement with a T3 Entity along with the applicable statutes, the entity name, and the DHS Division that is responsible for deciding those cases.

** List of the DHS Divisions, Subdivisions, etc along with a list of all statutes or laws used by that Division to deny or holds on a case due to involvement with a T3 Entity and a count of the number of denials and separately the number of case holds under that statute at that Division.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Jay Gairson

One item in this list was miswritten.

--
** List of all departments, divisions, subgroups, or others, including individual Consulates, of the Department of Homeland Security (hereinafter collectively referred to as “DOS Division(s)”) that have designated, are involved with, handle requests regarding, or have any other interaction with any T3 Entities.
--

Should read as follows:

--
** List of all departments, divisions, subgroups, or others, including individual field offices and district offices, of the Department of Homeland Security (hereinafter collectively referred to as “DHS Division(s)”) that have designated, are involved with, handle requests regarding, or have any other interaction with any T3 Entities.
---

Thank you,

Jay Gairson

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on May 10, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

Hello,

I am resubmitting the request below, which was originally submitted to the DHS FOIA email inbox on 10 May 2013, but which Angela Washington in the DHS FOIA office indicated had not been received. Please acknowledge receipt.

Thank you.

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From Jay Gairson on May 10, 2013:
To Whom It May Concern:

It is believed that the Department of Homeland Security has this information, because it is the responsibility of the adjudicating USCIS officer or DHS member to decide whether an entity is a T3 Entity (as defined below) and whether that classification applies to or affects each individual immigration case that comes before DHS and USCIS.

Please provide responses to this request as they become available.

This is a request under the Freedom of Information Act. I hereby request the following records:

* List of all DHS manuals, forms, memos, standard operating procedures, and other documents that identify, provide statistics about, address, or otherwise contain information about INA 212(a)(3)(B)(vi)(III) identified organizations, entities, individuals, and others.

* Copy of all DHS manuals, forms, memos, standard operating procedures, and other documents that identify, provide statistics about, address, or otherwise contain information about INA 212(a)(3)(B)(vi)(III) identified organizations, entities, individuals, and others.

-- Each of the following requested items is in reference to organizations, entities, groups, individuals, or others classified under INA § 212(a)(3)(B)(vi)(III) hereinafter collectively referred to as “T3 Entities”.

** Count of all present T3 Entities and a separate count of all entities that are no longer T3 Entities.

** List of all departments, divisions, subgroups, or others, including individual field offices and district offices, of the Department of Homeland Security (hereinafter collectively referred to as “DHS Division(s)”) that have designated, are involved with, handle requests regarding, or have any other interaction with any T3 Entities.

** Statistics on the number of T3 Entities designated by DHS. List of offices, departments, divisions, and supervisors responsible for having made those designations.

** Name of all entities classified as T3 Entities, along with information on what DHS division made that designation and the date of designation.

** Name of all entities classified as T3 Entities along with the first date that entity was so classified and the last date that entity's classification was used.

** Name of all known and suspected members of T3 Entities.

** Copy of any memos or other documents designating a T3 Entity including details on why that group was designated as a T3 Entity with specificity.

** Count of the number of persons that have been denied immigration benefits through a DHS Division due, at least in part, to that person’s involvement with a T3 Entity.

** Count of the number of persons denied immigration benefits through a DHS Division, due at least in part, to that person’s T3 Entity involvement listed along with the applicable statutes, the entity name, and the DHS Division that made that decision.

** Count of the number of persons whose case for immigration benefits have not been decided by a DHS Division due, at least in part, to their involvement with a T3 Entity.

** Count of the number of persons whose case for immigration benefits have not been decided by a DHS Division due at least in part, to their involvement with a T3 Entity along with the applicable statutes, the entity name, and the DHS Division that is responsible for deciding those cases.

** List of the DHS Divisions, Subdivisions, etc along with a list of all statutes or laws used by that Division to deny or holds on a case due to involvement with a T3 Entity and a count of the number of denials and separately the number of case holds under that statute at that Division.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Jay Gairson

Mr. Austin:

My apologies for not responding sooner, I had throat surgery and had been hoping to call you rather than email you.

For now, please focus on batches based on timeframe as follows:
Batch 1: January 1, 2010 to present.
Batch 2: January 1, 2008 to December 31, 2009.
Batch 3: January 1, 2004 to December 31, 2007.
Batch 4: January 1, 2001 to December 31, 2004.

I am willing to re-evaluate after you respond to each batch on whether it is necessary to continue onto the next batch.

Thank you,

Jay Gairson

Mr. Austin:

As for requested item number 4. Please provide copies of agency policies and memos regarding Tier3, as well as any training materials regarding the processing and screening of Tier3 applications and petitions.

Thank you,

Jay Gairson

I hit send too soon, see my second message plus the for example section I added to it below:

Mr. Austin:

As for requested item number 4. Please provide copies of agency policies and memos regarding Tier3, as well as any training materials regarding the processing and screening of Tier3 applications and petitions. For example:

Policies and training materials regarding the processing and screening of, working with other agencies such as the FBI or foreign governments on, and policy materials and analysis prepared in evaluating qualification of groups as Tier 3 cases.

Thank you,

Jay Gairson

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on May 10, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #COW2013000454.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on May 10, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #COW2013000454.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on May 10, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #COW2013000454.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on May 10, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #COW2013000454.

Thank you for your help.

Mr. Austin:

Yes, please respond within the scope as you described it, with the addition of the following. Note, please also could also include any documents that reference both Tier 3 and CARRP (Controlled Application Review and Resolution Program) in the same document.

Thank you,

Jay Gairson

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on May 10, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #COW2013000454.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on May 10, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #COW2013000454.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on May 10, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #COW2013000454.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on May 10, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #COW2013000454.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on May 10, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #COW2013000454.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on May 10, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #COW2013000454.

Thank you for your help.

I am appealing and requesting that this case be reopened and the documents produced without further delay. The timing and structure of the response appears to be more for the purpose of discouraging a legitimate request for these materials, than due to the potentially burdensome nature of the request.

On August 23, 2013, I narrowed the requested timeframe as follows:
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Batch 1: January 1, 2010 to present.
Batch 2: January 1, 2008 to December 31, 2009.
Batch 3: January 1, 2004 to December 31, 2007.
Batch 4: January 1, 2001 to December 31, 2004.
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These timeframes were reconfirmed by Deon on January 28, 2014 as follows:
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Specific timeframes for items 3-5 on the narrowed version of this request:

3. January 1, 2010 to present & January 1, 2008 to December 31, 2009

4. January 1, 2004 to December 31, 2007

5. January 1, 2001 to December 31, 2004

I apologize for the delay in responding to your request.

----

No specific request was made by the Service for me to narrow the time-scope of these requests. However, it would be reasonable to narrow the request as described by Deon and to only reply with information requested from January 1, 2010 to present as an initial response that could then be expanded upon as necessary. If there are no or few responsive documents within that time period, then a review of the other requested time periods would be appropriate.

As the Service has made it clear, in prior conversions, it would not provide draft materials it is unclear how the volume of materials requested would be unduly burdensome. If anything, the Service appears to have overestimated the volume of materials that must be searched to produce a meaningful response. Furthermore, search methodologies exist that are likely to result in success when searching for and reviewing the requested documents, that would not be as difficult as is claimed by the agency.

Please reconsider this request and contact me if the scope needs to be narrowed further.

Sincerely,

Jay Gairson
(206) 357-4217
4606 MLK Jr Wy S
Seattle, WA 98108